Singapore legislation
Section 19
Section 19
Suspension or cancellation of licence, etc.
(1)
Subject to subsection (3), if any licensee —
contravenes or fails to comply with, or fails to secure the compliance by its employees, agents or contractors with, any of the conditions of its licence to operate any rapid transit system or with any provision of this Act which is applicable to the licensee and for which no criminal penalty is prescribed for a contravention of the provision;
is convicted of any offence under this Act;
in the opinion of the Authority, fails or is likely to fail to provide and maintain an adequate, safe and satisfactory service;
fails to comply with any provision of any code of practice issued or approved by the Authority under section 17;
fails to comply with any direction given by the Authority under section 18 or 18A;
fails to comply with any provisional order confirmed under section 19A;
goes into compulsory or voluntary liquidation other than for the purpose of reconstruction or amalgamation; or
makes any assignment to, or composition with, its creditors,the Authority may, by written notice and without any compensation, do all or any of the following:
suspend or cancel the licence of the licensee;
forfeit the whole or any part of any security deposited with the Authority by the licensee or by its bank pursuant to a bank guarantee but not in excess of the maximum amount specified in subsection (2) if the licence is not cancelled;
require the licensee to pay, within a specified period, a financial penalty of an amount that the Authority thinks fit, which in any case must not exceed the maximum amount specified in subsection (2).
(2)
For the purposes of requiring a licensee of any rapid transit system to pay a financial penalty under subsection (1)(k), the maximum amount means the higher of the following amounts:
$1 million;
10% of the licensee’s annual fare revenue that is received —
during the licensee’s last‑completed financial year as ascertained from the licensee’s latest audited accounts; and
from the operation of the rapid transit system or, if more than one rapid transit system is the subject of the licensee’s licence, of each rapid transit system.
(3)
A financial penalty cannot be imposed on a licensee if the sole ground for proceeding under subsection (1) is that, in the opinion of the Authority, the licensee is likely to fail to provide and maintain an adequate, safe and satisfactory service.
(4)
A financial penalty imposed under subsection (1)(k) on any licensee must be recovered and collected by the Authority for the purposes of the Public Transport Fund.
(5)
The whole or part of any financial penalty recovered and collected under subsection (4) from a licensee, and any interest on any financial penalty in arrears, must be paid into the Public Transport Fund established under the Public Transport Council Act 1987.
(6)
In this section, “annual fare revenue”, in relation to a licensee of a rapid transit system, means the total charges received by the licensee from passengers for travel services provided on any railway comprised in that rapid transit system, less any goods and services tax paid by, the value of any rebate supplied to, and any connection commission paid by, passengers in connection with those travel services.